Exploring the Informal Ways to Amend the Constitution: A Beginner’s Guide
The United States Constitution is at the core of the country’s political system. It sets the framework and guidelines for the government’s authority and power. However, over time, certain parts of the Constitution may become outdated or require amendment to cater to changing societal and political norms. While formal methods exist for amending the Constitution, there are also informal ways that have been used throughout history. This article aims to explore these informal ways and how they work.
The Formal and Informal Methods of Amending the Constitution
Before delving into the informal ways to amend the Constitution, it is essential to understand the formal methods. According to Article V of the Constitution, there are two ways to amend it formally. The first method requires a two-thirds majority of both houses of Congress to approve the amendment. Once approved, three-fourths of the state legislatures must ratify it. The second method involves two-thirds of state legislatures requesting Congress to call for a constitutional convention.
Unlike the formal methods, the informal ways to amend the Constitution do not follow the process outlined in Article V. They involve interpreting the Constitution differently or adopting new practices that change its interpretation. These informal methods have arisen in response to new challenges or emerging issues that are not addressed in the Constitution.
Judicial Interpretation
The most common informal way to amend the Constitution is through judicial interpretation. This method involves the judiciary interpreting the Constitution in a way that upholds a new understanding of its text or meaning. It makes changes to the Constitution without needing to go through the formal amendment process.
For example, the landmark Supreme Court case Brown v. Board of Education in 1954 established that the “separate but equal” doctrine was unconstitutional. The ruling applied to public schools and helped bring about the desegregation of schools throughout the country. The ruling required reinterpreting the Equal Protection Clause of the 14th Amendment to include education as a protected right.
Custom and Tradition
Another informal way to amend the Constitution is through custom and tradition. This method involves adopting new practices that change the Constitution’s interpretation. For example, the Constitution does not mention political parties, but they have become an integral part of the country’s political system. Political parties were created over time and became part of the political process, and many constitutional provisions have been interpreted alongside political parties.
Another example is the nomination and confirmation of Supreme Court justices, which is not explicitly mentioned in the Constitution. However, it has been a custom since the earliest days of the country’s history.
Conclusion
The Constitution is a vital part of the country’s political system. While formal methods exist to amend it, the Constitution is also subject to informal amendments through judicial interpretation, custom, and tradition. The informal ways to amend the Constitution are not explicitly outlined and have arisen due to changing societal norms or emerging issues. It is important to understand both formal and informal methods of amending the Constitution and the potential for new interpretations to emerge over time.
